How is a will drawn up and can I register it?
Last update: 10/3/2012
There are special forms that a person wanting to draw up a will must respect. The laws of Luxembourg recognise, among others, the following forms of wills:
- authentic wills executed before two notaries;
- authentic wills executed and drawn up by a civil law notary in the presence of two witnesses;
- a holographic will which must be entirely written by the testator with his/her own hand and signed and dated by him/her;
In a cross-border situation, a will is valid in principle if it complies with the laws of the State where it was drawn up.
There is a central register of wills in Luxembourg, kept by the Administration Luxembourgeoise de l’Enregistrement et des Domaines which manages in particular the registration of wills. Wills are registered at the request of a civil law notary or a private individual.
Information about how to keep, to register and to search for a will are also available on the website of the European Network of Register of Wills Association (ENRWA) in the section “Information sheet”.
Detailed information
What are the conditions governing the validity of a will as regards its form and substance?
As regards the substance, the validity of a will requires:
- The freely expressed consent of a testator healthy in mind;
- The testator’s capacity at the time the will is drawn up, with a minimum age of 16;
- A licit, specific and determinable object;
- A licit and moral commitment contracted by the testator.
As regards the form, wills may be in one of three forms, each with its specific conditions (art 969 of the CCL):
- A holographic will;
- A will executed before a notary;
- A sealed will.
What are the conditions of validity of a will drawn up in another State?
Article 1 of the Hague Convention of 5 October 1961 applies.
Are agreements relating to a future inheritance authorised? Who can conclude such an agreement? What form must be respected?
All legal transactions concerning a succession which has not yet been opened, that is to say the future succession of a person still living, are null and void (art 791, 1130 and 1600 of the CCL), except for those expressly referred to in the Civil Code of Luxembourg (the designation of heirs in a prenuptial agreement or during the marriage – gifts inter vivos of the parents’ estate to the children and the creation of a life estate and a remainder); it is also important to mention life insurance contracts despite the fact that they are not referred to in the Civil Code of Luxembourg.
Are there other possibilities for settling a succession?
Gifts made during the lifetime of the testator.
How and where can I register a will? What is the effect of registration?
Holograph wills:
- Optional formality: the will is filed with a notary who will register it for a modest fee with the central register of wills kept by the Administration de l’Enregistrement et des Domaines in Luxembourg;
- compulsory formality : the will is presented to the president of the court on the testator’s death;
- compulsory formality : the will is filed with a notary designated by the president of the court.
Wills executed before a notary:
- compulsory formality : the will is registered by the notary or notaries who execute it with the aforementioned register;
Sealed wills:
- compulsory formality : presentation by the testator of his or her closed, stamped and sealed will to the notary who will register it with the aforementioned register ;
- compulsory formality : the act of superscription is registered immediately by the notary;
- compulsory formality: the will is presented to the president of the court on the testator’s death.
